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Thread: Obama Establishes National Monument in New Mexico

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    Re: Obama Establishes National Monument in New Mexico

    Generally courts rule based on established law.

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by jonny5 View Post
    Another land grab. THis represents about 2% of all land in New Mexico. He does this under an act passed in 1906 by Teddy Roosevelt, even though no such power exists in the constitution to do so. I dont know what the legal status of the land was before this. I assume the federal govt would argue that it owns all of southwest due to the Mexican War, and states just rent it. So it can decide how all of it will be used.
    Is not the land in question already under BLM management? So it is not a land grab, but just a designation of how the federal public lands will be managed.

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by SouthernDemocrat View Post
    So is it your contention then that Yellowstone National Park, Yosemite National Park, and other federal parks and monuments should just be auctioned off to developers?
    Yes. Preferably so we can build cliffs to push old people off of. Its amazing how you knew exactly what I was saying.

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by mike2810 View Post
    Is not the land in question already under BLM management? So it is not a land grab, but just a designation of how the federal public lands will be managed.
    The BLM is unconstitutional. If the states never gave the federal govt the power to own land outside of DC or in relation to specifically enumerated powers (with due process and just compensation, then all laws and actions that flow from it are also illegal. The federal govt cant pass a law saying it has the power to do something. Only states can.

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by Mason66 View Post
    If the border control continue to drive onthat land, who will go after tham as they are a federal agency as well?
    Thats a good point. Who watches the watchmen? All the more reason to stop the Executive from grabbing more power. Eventually they end up like Caesar, making the laws and enforcing them.

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by Thrilla View Post
    it was already federal land, there was no seizure of any kind.... Obama simply changed the designation of the federal land in question, which he was empowered to do by Congress.

    the act does not empower the President to seize private land... but it does empower him to reserve or accept such property.

    additionally, SCOTUS has ruled on 3 cases involving the Act... it's been upheld in each case

    for the SCOTUS nerds among us.. here are the cases in case you want to dig into them
    United States v. California, 436 U.S. 32, 56 L. Ed. 2d 94, 98 S. Ct. 1662 (1978)
    Cappaert v. United States, 426 U.S. 128, 141-42, 48 L. Ed. 2d 523, 96 S. Ct. 2062 (1976)
    Cameron v. United States, 252 U.S. 450, 64 L. Ed. 659, 40 S. Ct. 410 (1920).
    Technically it was Mexican land. The US govt took it from them during a war, something they also arent allowed to do. When NM became a state, it became their land. I can find no agreement between NM and the fed giving them power over their land for the purposes of creating parks.

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by jonny5 View Post
    Technically it was Mexican land. The US govt took it from them during a war, something they also arent allowed to do. When NM became a state, it became their land. I can find no agreement between NM and the fed giving them power over their land for the purposes of creating parks.
    you literally have no idea what you are talking about

    start with Fort Leavenworth Railroad Co. v. Lowe (1885)... then move on to...
    Camfield v. United States (1897)
    Light v. United States (1911)
    Kleppe v. New Mexico (1976)

    actually, before you do any of that, read the US Constitution.....particularly Article 4, section 3, clause 2.. "the property clause"

    "The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States"

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by jonny5 View Post
    The BLM is unconstitutional. If the states never gave the federal govt the power to own land outside of DC or in relation to specifically enumerated powers (with due process and just compensation, then all laws and actions that flow from it are also illegal. The federal govt cant pass a law saying it has the power to do something. Only states can.
    Hate to break it to you but your posting information that is not true.

    Congress passed the laws to create the BLM in 1946. Last I looked Congress is made up of elected representation from the States.
    Detailed History

    So unless you can prove that Congress acted illegally and against the Constitution, your wrong.

    So who do you think created the States, The States or the Federal govt.?

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by Thrilla View Post
    you literally have no idea what you are talking about

    start with Fort Leavenworth Railroad Co. v. Lowe (1885)... then move on to...
    Camfield v. United States (1897)
    Light v. United States (1911)
    Kleppe v. New Mexico (1976)

    actually, before you do any of that, read the US Constitution.....particularly Article 4, section 3, clause 2.. "the property clause"

    "The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States"
    Which only includes DC according to the constitution. Maybe you should read it.

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    Re: Obama Establishes National Monument in New Mexico

    Quote Originally Posted by mike2810 View Post
    Hate to break it to you but your posting information that is not true.

    Congress passed the laws to create the BLM in 1946. Last I looked Congress is made up of elected representation from the States.
    Detailed History

    So unless you can prove that Congress acted illegally and against the Constitution, your wrong.

    So who do you think created the States, The States or the Federal govt.?
    The states of course. You dont actually think the federal govt existed before states signed the constitution do you? Furthermore, Im posting my opinion, not 'information'. The constitution prohibits the states from doing anything that is not in the constitution. If you dont see 'nationalize state land to create parks' in the constitution, then its not allowed. Its the whole point of the bill of rights.

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